Pamvi Tissues Ltd. v. Mr. Bharat Bhushan
Case brief
What is this about?
The Delhi High Court held that it lacks pecuniary jurisdiction to try the original suit as the value is less than Rs. 1 crore. The suit was transferred to the District & Sessions Judge (Central), Tis Hazari Courts, Delhi under Section 4 of the Delhi High Court (Amendment) Act, 2015. Parties were directed to appear on 19 April 2016.
What did the court decide?
The suit was transferred to the District & Sessions Judge (Central), Tis Hazari Courts, Delhi for trial. Parties directed to appear on 19th April 2016.
What the court decided
$~2
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(OS) 369/2007 and C.C No.961/2007 & I.A. No.7660/2007 (stay)
PAMVI TISSUES LTD ..... Plaintiff
Through: Mr. Animesh Sinha, Advocate.
versus
MR. BHARAT BHUSHAN ..... Defendant Through: Mr. P.S. Bindra, Advocate with Ms. Rishika Arora, Advocate for defendant No.1. Ms. Gurkamal Hoara, Advocate.
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R
% 08.03.2016
- In this suit under Order 37 of Code of Civil Procedure, 1908
(CPC), though the defendant has filed a counter claim, the stage for counter claim has not arisen because the leave to defend application is pending. Pecuniary jurisdiction of this suit is less than Rs.1 crore, and therefore this Court will not have pecuniary jurisdiction to try the suit.
Issues for consideration
2 issues framed by the court
Whether the Delhi High Court has pecuniary jurisdiction to try the suit under Order 37 of CPC.
To what jurisdiction should the suit be transferred under Section 4 of the Delhi High Court (Amendment) Act, 2015.
Coram
Valmikij Mehta
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court